Common use of NO OTHER DAMAGES Clause in Contracts

NO OTHER DAMAGES. EXCEPT AS PROVIDED IN THE ARTICLE ENTITLED "INDEMNITY", IN THE EVENT OF ANY BREACH BY COMPANY WHATSOEVER, WHETHER OF THIS AGREEMENT OR ARISING GENERALLY FROM THE RELATIONSHIP OF THE PARTIES OR OTHERWISE, WHETHER IN CONTRACT, TORT, OR BY VIRTUE OF STATUTE, REGULATION OR OTHER LAW COMPANY'S TOTAL LIABILITY FOR ANY DAMAGES OR INDEMNITY SHALL IN NO EVENT EXCEED THE AMOUNT DESCRIBED IN PARAGRAPH 15.1. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY DELAYS. IN NO EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, BY STATUTE OR OTHERWISE, AND WHETHER ARISING FROM THIS AGREEMENT OR ARISING GENERALLY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, SHALL COMPANY BE LIABLE FOR DIRECT, PROXIMATE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES ARISING FROM LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER INJURY, NOTWITHSTANDING THE FACT THAT COMPANY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY OTHER PARTY.

NO OTHER DAMAGES. EXCEPT AS PROVIDED IN THE ARTICLE ENTITLED "INDEMNITY", IN THE EVENT OF ANY BREACH BY COMPANY WHATSOEVER, WHETHER OF THIS AGREEMENT OR ARISING GENERALLY FROM THE RELATIONSHIP OF THE PARTIES OR OTHERWISE, WHETHER IN CONTRACT, TORT, OR BY VIRTUE OF STATUTE, REGULATION OR OTHER LAW COMPANY'S TOTAL LIABILITY FOR ANY DAMAGES OR INDEMNITY SHALL REFUND ELECTED BY VENDOR, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, IF THE SOFTWARE SYSTEM DOES NOT MEET VENDOR'S LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT EXCEED THE AMOUNT DESCRIBED IN PARAGRAPH 15.1. COMPANY SHALL NOT VENDOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED BY ANY DELAYS. IN NO EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, BY STATUTE OR OTHERWISE, AND WHETHER ARISING FROM THIS AGREEMENT OR ARISING GENERALLY, WHATSOEVER (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, SHALL COMPANY BE LIABLE FOR DIRECT, PROXIMATE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATIONTO, DAMAGES ARISING FROM LOST PROFITSFOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, LOST FOR BUSINESS OPPORTUNITIESINTERRUPTION, FOR LOSS OF PRIVACY, OR FOR ANY OTHER INJURYPECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE SYSTEM OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, NOTWITHSTANDING EVEN IN THE FACT THAT COMPANY MAY HAVE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF VENDOR, AND EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY OTHER PARTYDAMAGE.